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STATE v. YAZZIE

No. 28,478.

228 P.3d 1188 (2010)

2010-NMCA-028

STATE of New Mexico, Plaintiff-Appellee, v. Williemina YAZZIE, aka Wilhemina Yazzie, Defendant-Appellant.

Court of Appeals of New Mexico.

February 17, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Max Shepherd, Assistant Attorney General, Albuquerque, NM, for Appellee.

Hugh W. Dangler, Chief Public Defender, Santa Fe, NM, Josephine H. Ford, Assistant Public Defender, Albuquerque, NM, for Appellant.

OPINION

VIGIL, Judge.

{1} The metropolitan court judge (trial court) sua sponte declared a mistrial in Defendant's jury trial for battery on a household member after defense counsel asked Victim on cross-examination if he had pleaded guilty to battering Defendant. Before Victim answered, and without considering an alternative, the trial court declared a mistrial. The question presented in this case is whether Defendant's subsequent trial subjected...

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